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Contradictions arise on day 1 of Sibiya inquiry

Cellphone data evidence shows statements by officials against the Gauteng Hawks boss are contradictory.

Gauteng Hawks boss Shadrack Sibiya and his legal team at his disciplinary hearing which started in Pretoria on 10 June 2015. Picrure: Reinart Toerien/EWN

PRETORIA - Cellphone data evidence has been produced, which appears to materially contradict the statements of several Crime Intelligence officers that implicate Gauteng Hawks boss Shadrack Sibiya.

This emerged on Wednesday in Sibiya's disciplinary hearing, which is being held in Pretoria.

The Major-General is accused of planning and executing an operation that led to the rendition of five Zimbabwean suspects in 2010.

Crime Intelligence Sergeant Bongani Yende said testified that he saw Sibiya in Fourways and in Diepsloot on the night several Zimbabweans were arrested in November 2010.

He claims he saw the general sitting in a BMW, talking on his phone, and believed that Sibiya was in charge of the rendition operation.

Advocate Paul Kennedy put it to the sergeant that cellphone records placed Sibiya in Pretoria at the times he claimed he was in parts of Johannesburg.

Kennedy further pointed out word for word similarities between Yende and his colleague's statements, accusing the officers of colluding to implicate the Gauteng Hawks boss.

It emerged that the statements were obtained by a Colonel Botsotso Moukangwe, who drafted the documents and signed them off as being taken under oath, a practice Kennedy said is unheard of.

Wiersma Attorneys found in their investigation of the matter that Moukangwe, a Crime Intelligence officer had negotiated to have his name and involvement in the investigation left out of the Independent Police Investigative Directorate (Ipid) report.

The units involvement in the matter has been cited as a concern by the watch dog suspended head Robert McBride.

General Sibiya faces five charges, including gross dereliction of duty and gross misconduct, for allegedly sanctioning and directing the Zimbabwean rendition operation.

The charge sheet states he and his former commander Anwa Dramat held clandestine meetings with the Zimbabwean authorities, where it was agreed to trace and arrest five suspects accused of murdering a policeman in Bulawayo.

The General has however maintained he had no knowledge of the operation and that he is being implicated by Crime Intelligence because of his involvement in the arrest of the unit's former commander, Richard Mdluli.

WATCH: 'Persecuted for investigating Richard Mdluli'